NSW Surveillance Devices Act 2007
Part 2: Installation, use and maintenance of surveillance devices – NSW Surveillance Devices Act 2007

NSW Surveillance Devices Act 2007 7(1)(a): s 7(1)(a) No listening device to overhear or record a private conversation the user is not a party to

No one knowingly installs, uses, causes to be used or maintains a listening device to eavesdrop on, listen to, record or monitor a private conversation they are not taking part in. Maximum penalty for a corporation 500 penalty units; for an individual 100 penalty units, 5 years' imprisonment, or both. Exceptions include use under a warrant or emergency authorisation, under Commonwealth law (such as the Commonwealth interception and access legislation), unintentional hearing, and specified police uses. For an employer this rules out audio capture of staff conversations (for example audio-enabled CCTV in offices, meeting rooms or break areas) where the conversations are private and the employer is not a party.

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 2 controls across 2 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • APP-3 APP 3 - Collection of solicited personal information
  • s 43(1) s 43(1) Do not use a listening device on a private conversation unless you are a party to it

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 2: Installation, use and maintenance of surveillance devices – NSW Surveillance Devices Act 2007

Query this from an agent

The graph holds this control, the 2 it maps to, and the evidence behind each claim, over MCP and REST.